Driver Privileges and Penalties Chapter 7. Losing the Driving Privilege As required by New Jersey law, a motorist’s driving privileges will be suspended

Driver Privileges and Driver Privileges and PenaltiesPenalties

Chapter 7Chapter 7

Losing the Driving PrivilegeLosing the Driving Privilege

As required by New Jersey law, a motorist’s driving privileges will be As required by New Jersey law, a motorist’s driving privileges will be suspended for some violations. Don’t be a Habitual Offender. A suspended for some violations. Don’t be a Habitual Offender. A Habitual Offender is a driver whose license has been suspended Habitual Offender is a driver whose license has been suspended three times in three yearsthree times in three years..Failure by a motorist to pay motor vehicle-related judgments Failure by a motorist to pay motor vehicle-related judgments rendered because of personal injury or death, or damage to rendered because of personal injury or death, or damage to property in excess of $500, will result in driver license and property in excess of $500, will result in driver license and registration suspensions.registration suspensions.Depending on a driver’s history of traffic violations, a suspension or Depending on a driver’s history of traffic violations, a suspension or revocation of driving privileges could occur. Suspensions are revocation of driving privileges could occur. Suspensions are decided on a case-by-case basis. If the sentence is not mandatory, decided on a case-by-case basis. If the sentence is not mandatory, the Chief Administrator of the Motor Vehicle Commissionthe Chief Administrator of the Motor Vehicle Commission(MVC), or the courts, may suspend driving privileges.(MVC), or the courts, may suspend driving privileges.

How to Lose Driving Privileges:How to Lose Driving Privileges:

• • failure to appear in court or to pay finesfailure to appear in court or to pay fines

• • failure to pay surchargesfailure to pay surcharges

• • driving while suspendeddriving while suspended


• • failure to provide proof of insurancefailure to provide proof of insurance

• • physical or mental disqualificationphysical or mental disqualification

• • drug or alcohol usedrug or alcohol use


• • repeated traffic law violationsrepeated traffic law violations

• • reckless driving (without regard for life or reckless driving (without regard for life or property)property)

• • vehicle abandonment on a public vehicle abandonment on a public highwayhighway

• • at fault in a fatal accidentat fault in a fatal accident

UnderageUnderage

Motorists under 21 years old, the legal age in Motorists under 21 years old, the legal age in New Jersey to purchase and/or consume New Jersey to purchase and/or consume alcoholic beverages, found with alcoholic beverages, found with a blood alcohol a blood alcohol concentration above .01 concentration above .01 while operating a motor while operating a motor vehicle will be penalized.vehicle will be penalized.

(As of January 5, 2004, (As of January 5, 2004, .08 percent blood .08 percent blood alcohol concentration is considered driving alcohol concentration is considered driving under the influence in New Jersey for motorists under the influence in New Jersey for motorists 21 years or older21 years or older.).)

Mandatory SanctionsMandatory Sanctions

The following sanctions pertain to motorists 21 years of age or older The following sanctions pertain to motorists 21 years of age or older with a blood alcohol concentration between .08 and .10 percent.with a blood alcohol concentration between .08 and .10 percent.(First Offense only)(First Offense only)• • 3 month driving privilege suspension3 month driving privilege suspension• • $250 to $400 fine$250 to $400 fine• • 12 to 48 hours in an Intoxicated Driver Resource Center12 to 48 hours in an Intoxicated Driver Resource Center(IDRC)(IDRC)• • up to 30 days imprisonmentup to 30 days imprisonment• • $75 per day IDRC fee$75 per day IDRC fee• • $100 Drunk Driving Fund fee$100 Drunk Driving Fund fee• • $100 Alcohol Education, Rehabilitation and Enforcement$100 Alcohol Education, Rehabilitation and EnforcementFund feeFund fee• • $1,000 annual surcharge for three years$1,000 annual surcharge for three years• • $75 Safe Neighborhood Services Fund fee$75 Safe Neighborhood Services Fund fee

The following sanctions pertain to motorists The following sanctions pertain to motorists under under 21 years of age21 years of age with a blood alcohol concentration above with a blood alcohol concentration above .01 percent.01 percent. .

• • 7 months to 1 year 7 months to 1 year driving privilege suspensiondriving privilege suspension• • $300 to $500 $300 to $500 finefine• • 12 to 48 hours in an 12 to 48 hours in an IDRCIDRC• • up to 30 days up to 30 days imprisonmentimprisonment• • $75 per day IDRC $75 per day IDRC feefee• • $100 Drunk Driving Fund $100 Drunk Driving Fund feefee• • $100 Alcohol Education, Rehabilitation and $100 Alcohol Education, Rehabilitation and EnforcementEnforcementFund Fund feefee• • $1,000 annual surcharge for three years$1,000 annual surcharge for three years• • $75 Safe Neighborhood Services Fund $75 Safe Neighborhood Services Fund feefee

Breath TestsBreath Tests

New Jersey has an New Jersey has an Implied Consent lawImplied Consent law. This . This means that drivers on New Jersey roadways means that drivers on New Jersey roadways have agreed, simply by using New Jersey have agreed, simply by using New Jersey roadways, to submit to a breath test given by law roadways, to submit to a breath test given by law enforcement or hospital staff following an arrest enforcement or hospital staff following an arrest for a drinking and driving offense.for a drinking and driving offense.Motorists refusing to take a breath test in New Motorists refusing to take a breath test in New Jersey are subject to an MVC insurance Jersey are subject to an MVC insurance surcharge of $1,000 a year for three years.surcharge of $1,000 a year for three years.An April 2004 state law made the An April 2004 state law made the refusal to refusal to submit to a breath test equivalent to driving with submit to a breath test equivalent to driving with a BAC of .08 % for a first offensea BAC of .08 % for a first offense. .

Ignition interlock deviceIgnition interlock device

If a driver license was suspended because of a DUI If a driver license was suspended because of a DUI offense, the court may require the individual to install an offense, the court may require the individual to install an ignition interlock device in order to fully restore his/her ignition interlock device in order to fully restore his/her driving privilege. driving privilege. This device is attached to the vehicle with a built-in This device is attached to the vehicle with a built-in Breathalyzer and Breathalyzer and prevents the vehicle from starting if the prevents the vehicle from starting if the motorist’s BAC exceeds .05 percent. motorist’s BAC exceeds .05 percent. The interlock requirement is in addition to any other The interlock requirement is in addition to any other penalty required under the state’s drunk driving statute. penalty required under the state’s drunk driving statute. Court ordered installation may be required for: Court ordered installation may be required for: First DUI offense:First DUI offense: Installation of interlock device for six Installation of interlock device for six months to one year (judge’s discretion) months to one year (judge’s discretion)

Intoxicated Driver ResourceIntoxicated Driver ResourceCenter (IDRC)Center (IDRC)

During detention, all offenders attend an During detention, all offenders attend an alcohol and highway safety education alcohol and highway safety education program. Each offender is evaluated to program. Each offender is evaluated to determine if alcohol or drug treatment is determine if alcohol or drug treatment is necessary. necessary. Those deemed to need Those deemed to need treatment are referred to an appropriate treatment are referred to an appropriate provider for an at least 16-week provider for an at least 16-week treatment program.treatment program.

Motor vehicle violationsMotor vehicle violations

Unsafe driving:Unsafe driving: A conviction of unsafe driving that endangers a A conviction of unsafe driving that endangers a person or property requires payment of a fine of not less than $50 or person or property requires payment of a fine of not less than $50 or more than $150 for a first offense; more than $150 for a first offense; Reckless driving:Reckless driving: Driving recklessly in a manner that willfully Driving recklessly in a manner that willfully endangers the rights, property or safety of others is punishable by endangers the rights, property or safety of others is punishable by imprisonment of up to 60 days, or by a fine of not less than $50 or imprisonment of up to 60 days, or by a fine of not less than $50 or more than $200, or both for a first offense (N.J.S.A. 39:4-96). Points more than $200, or both for a first offense (N.J.S.A. 39:4-96). Points are assessed. are assessed. Abandoning a vehicle:Abandoning a vehicle: Motorists who abandon their motor vehicles Motorists who abandon their motor vehicles on or along limited-access highways for four hours or more without on or along limited-access highways for four hours or more without permission are subject to a fine of not less than $100 or more than permission are subject to a fine of not less than $100 or more than $500 and possible loss of driving privileges for up to two years. $500 and possible loss of driving privileges for up to two years.


Carrying alcoholic beverages:Carrying alcoholic beverages: Motorists who carry Motorists who carry open or unsealed alcoholic beverage containers in open or unsealed alcoholic beverage containers in passenger areas of motor vehicles are subject to a fine passenger areas of motor vehicles are subject to a fine of $200 for a first offense of $200 for a first offense Ice and snow:Ice and snow: Motorists of private vehicles face fines of Motorists of private vehicles face fines of $200 to $1,000 for each time ice flies from their vehicles $200 to $1,000 for each time ice flies from their vehicles and causes death, injury or property damage. and causes death, injury or property damage. Highway construction zones:Highway construction zones: Speeding or other Speeding or other moving violations in areas undergoing highway moving violations in areas undergoing highway construction mean doubled fines. construction mean doubled fines. 65 mph zone:65 mph zone: Speeding 10 mph or more above the Speeding 10 mph or more above the posted speed limit or other certain moving violations in a posted speed limit or other certain moving violations in a 65-mph speed zone means doubled fines. 65-mph speed zone means doubled fines.


Failure to comply:Failure to comply: Motorists face a $50 fine if they fail Motorists face a $50 fine if they fail to comply with a police officer’s request to illuminate the to comply with a police officer’s request to illuminate the driver’s compartment of the vehicle when stopped driver’s compartment of the vehicle when stopped (N.J.S.A. 39:4-57.1). (N.J.S.A. 39:4-57.1). Insurance fraud:Insurance fraud: Motorists convicted of fraud on Motorists convicted of fraud on insurance applications and claims forms may receive insurance applications and claims forms may receive fines of up to $5,000, or imprisonment for up to three fines of up to $5,000, or imprisonment for up to three years, or both. years, or both. Drug offense:Drug offense: A New Jersey motorist’s driving privileges A New Jersey motorist’s driving privileges will be suspended after he/she is convicted of drug will be suspended after he/she is convicted of drug offenses in any federal or state court. offenses in any federal or state court. Hit-and-run:Hit-and-run: A hit-and-run involving bodily injury or A hit-and-run involving bodily injury or death results in a fine of $2,500 to $5,000 and/or 180 death results in a fine of $2,500 to $5,000 and/or 180 days in jail for the motorist. days in jail for the motorist.


Lying on application:Lying on application: Lying when applying for a license or Lying when applying for a license or registration will result in a fine of not less than $200 or more than registration will result in a fine of not less than $200 or more than $500 and/or up to six months imprisonment. A motorist will also lose $500 and/or up to six months imprisonment. A motorist will also lose his/her driver license privileges for six months to two years his/her driver license privileges for six months to two years Forgery and fraud:Forgery and fraud: Altering, forging and/or possession with intent Altering, forging and/or possession with intent to distribute a facsimile of a N.J. driver license is illegal and will to distribute a facsimile of a N.J. driver license is illegal and will result in up to a $150,000 fine, up to 10 years in prison and a driver result in up to a $150,000 fine, up to 10 years in prison and a driver license suspension license suspension

Driving while suspended:Driving while suspended: Driving while a driver license and/or Driving while a driver license and/or registration isregistration issuspended can result in the following penalties: suspended can result in the following penalties: – First offense:First offense: Fine of $500 and up to six months additional license and Fine of $500 and up to six months additional license and

or registration suspensionor registration suspension

Driver ProgramsDriver Programs

Driver Improvement ProgramDriver Improvement ProgramMotorists accumulating between 12 and 14 points in more than a 24 Motorists accumulating between 12 and 14 points in more than a 24 Month period will receive a Notice of Scheduled Suspension by mail Month period will receive a Notice of Scheduled Suspension by mail from MVC.from MVC.

After receiving the notice, motorists canAfter receiving the notice, motorists can::• • attend a New Jersey driver improvement programattend a New Jersey driver improvement program• • request a hearingrequest a hearing• • surrender the driver license surrender the driver license for the suspension periodfor the suspension periodThe Chief Administrator or an Administrative Law Judge will The Chief Administrator or an Administrative Law Judge will determine if driving privileges are suspended for motorists granted a determine if driving privileges are suspended for motorists granted a hearing. Three points will be removed from the driving record of a hearing. Three points will be removed from the driving record of a motorist after completing a driver improvement class, which costs motorist after completing a driver improvement class, which costs $100 to attend.$100 to attend.


Defensive Driving ProgramDefensive Driving Program

Voluntary Defensive Driving Programs:Voluntary Defensive Driving Programs:

• • teachteach defensive driving skills defensive driving skills

• • PotentiallyPotentially reducereduce auto insurance rates auto insurance rates

• • reducereduce a motorist’s driver history record a motorist’s driver history record


Probationary Driver ProgramProbationary Driver ProgramMotorists begin a Motorists begin a two-year probationary driver period after two-year probationary driver period after receiving a special learner or examination permit.receiving a special learner or examination permit. During the During the probationary period, motorists convicted of two or more probationary period, motorists convicted of two or more moving violations totaling four or more points must enroll in moving violations totaling four or more points must enroll in the Probationary Driver School program. the Probationary Driver School program. The attendance fee is The attendance fee is $100. This program corrects improper or dangerous driving.$100. This program corrects improper or dangerous driving.

Completion of this program results in a three-point reduction on a Completion of this program results in a three-point reduction on a motorist’s driver history record.motorist’s driver history record.

Failure to complete the program, or conviction of one or more Failure to complete the program, or conviction of one or more subsequent moving violations during the test period, will result subsequent moving violations during the test period, will result in a driving privilege suspension.in a driving privilege suspension.

Surcharges and Point ViolationsSurcharges and Point Violations

Motorists accumulating six or more points Motorists accumulating six or more points within three years are subject to a surcharge within three years are subject to a surcharge of $150 for six points and $25 for each of $150 for six points and $25 for each additional point.additional point. Surcharges are levied in Surcharges are levied in addition to any court-imposed fines and addition to any court-imposed fines and penalties. Surcharges remain operational if a penalties. Surcharges remain operational if a motorist has six or more points resulting from motorist has six or more points resulting from violations posted in the preceding three years. violations posted in the preceding three years. Point totals are based on the date the violation Point totals are based on the date the violation was posted, not when the violation occurred.was posted, not when the violation occurred.

The Point SystemThe Point System

Up to Up to threethree points will be subtracted points will be subtracted from driving records from driving records every 12 every 12 consecutive monthsconsecutive months a motorist is not a motorist is not convicted of an offense or suspended. convicted of an offense or suspended. A point total can never go below zero.A point total can never go below zero.

Interstate CompactsInterstate Compacts

New Jersey belongs to two Interstate New Jersey belongs to two Interstate Compacts. Compacts. Members exchange Members exchange information among member states information among member states regarding traffic violations in other regarding traffic violations in other jurisdictions.jurisdictions.

Documents

Driver Privileges and Penalties Chapter 7. Losing the Driving Privilege As required by New Jersey law, a motorist’s driving privileges will be suspended